numbered as PCR No.284/2014. Subsequently, the Legislature
introduced section 142A , whereby all the pending proceedings
were deemed to have been transferred under ... para 6 of the petition which reads as follows:-
"Since Section 142A(1) of the N.I.Act provides for
only transfer
reported in (2014) 9 SCC 129, by way of introduction
of Section 142A , whereby all the pending proceedings are
deemed to have been transferred under ... said Act. Section
142A of the Act which was inserted by amendment in the year
2015, reads as under:
142A. Validation for transfer of pending
arguments learned counsel for
the petitioners has referred to Section 142A (2) of the N.I.
Act which reads as under :-
"142A. (2) Notwithstanding ... could be seen from the above provision, sub
section (2) of Section 142A of the N.I. Act is applicable in
cases when the complaint
amendment to the NI Act by way of
incorporation of section 142A of the Act, respondent
presented the complaint before the Court of XVI Additional ... complainant in PCR No.12455/2018. Secondly, in view of
section 142A of the Act, complaint having not been pending
before any court, the learned
with by the same Court. This reasoning is
wholly contrary to Section 142A(1) of the amendment which
specifically mandates that, Notwithstanding anything
contained ... dealt with only by
the court having jurisdiction in terms of Section 142A(2) . In
that view of the matter, the proper court to hear
provides for transfer of pending cases. The section reads
as under:
"142A. Validation for transfer of pending
cases.-(1) Notwithstanding anything contained
tried together. The Sessions Court
considering the amended provision of Section 142A of the
3
N.I. Act and in exercise of the discretion under
within 30 days of
the said order. However, after introduction of section 142A of
N.I. Act, petitioner presented the very same complaint before ... competent court to try the alleged
offences in view of section 142A of N.I. Act. Complaint therefore
was maintainable before the court except
orders in
the light of the amendment to Section 142(2) and 142A
of the Negotiable Instruments Act.
Accordingly, petition is allowed. Matter is
remitted ... pass appropriate orders in
the light of Section 142 (2) and 142A of the Negotiable
Instruments Act.
Sd/-
JUDGE
Court, Bengaluru.
2. In view of the introduction of Section 142A of the
Negotiable Instruments Act, 1881, reserving liberty to the
parties to take appropriate
